Where shall Indian citizen apply divorce if he married US citizen


I m an indian citizen married to a us citizen girl and after marriage we never stayed together, she went usa nd i stayed back here. I dont have any us visa to go and file divorce. And she is not interested to come here So if any one parties apply for divorce in their own country , so if other member is not available to attend the precedings what will happen. Will my wife get divorce there n in india i wi be still consider as married.. and if she claims some alimony, did i hv to pay that,, whatl be the scenario in my case

Answers (3)


236 votes

you can file for divorce, the Jurisdiction will be - the district court where you both got married,
- if you both lived after marriage even for a day together district court of that place
If you both have lived separably for more than a year, you can file it immediately. or you can also file restitution of conjugal rights section 9 application asking your wife to come to you.


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224 votes

firstly as per your details i think your marriage has been done under the special marraige act and since ur living here u can file the divorce under ur jurisdictional court and seek divorce and the summons will be served to your wife through court and if she fails to response you will get an exparte decree and will be entitled to get divorce

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108 votes

You can file a divorce proceeding here in india with proper proof of marriage,then you have to send the same to your wife in USA,this process is called SR.ie service of summons ,in the next date so fixed if she dies not appear then the case will be declared ex parte.for more info you can contact me.

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